§ 1 Area of application
The following terms and conditions are valid for all services provided so far by 1st-class-limo. These will also occur for all our future engaged services without agree this again expressly. The obliging acceptance of our terms of business occurs at the latest from making use of our services. If the terms and conditions of 1st-class-limo are in contradiction to the customer or other third hand, these go forward also if there existed knowledge about divergent terms and conditions and these were not contradicted and services were executed without reservation. Divergences or changes become only effective if these were confirmed in writing.
§ 2 Placing of order, subject of the contract, contract conclusion
The offers delivered on the party of 1st-class-limo are non-binding and without engagement. For the acceptances it requires the written confirmation of the order. Any additional agreements or changes are always subject to a written confirmation. Subject of the contract is the passenger transportation in all and the involved services. A contract also thereby comes about if the commissioned services will be really executed. The client informs within an adequate time before order realization of all, for the realization of the order relevant information, under this is also meant the number of persons, luggage, if necessary flight number, etc.
§ 3 Services and transportation
All services are offered exclusively with chauffeur. At the beginning of the journey the vehicle is cleaned and is in an optically and technically good order and condition. The used vehicle corresponds to the legal default for rented cars for passenger transportations. If the offered type of vehicle is not available, 1st-class-limo can use similar type of vehicle of another manufacturer. All deployed chauffeurs are in the possession of the necessary driving licenses under this it is also meant the license for passengers transportation. 1st-class-limo reserves itself to transfer the rights resulted from this contract exceptionally on other enterprises. The client will be informed about this without delay. Within two days after information the client has the right of withdrawal. If for the transportation compelling exclusion reasons are given which would entail a danger of the security or instructions of the chauffeur are not kept, the vehicle is damaged intentionally or roughly negligently, the exclusion of people reserves 1st-class-limo itself.
§ 4 Prices
Valid are the costs which are sent to the customer by mail or email. Exceptions exist by all-inclusive arrangements. The offers delivered on the part of 1st-class-limo are limited in its validity of 7 days. Additional services are separately charged if not separately agreed. That is park fees, toll fees and tolls, hotel costs and all disbursements given in advance which are not included in the price and are ordered in relation of the service by the customer or by the carried people.
§ 5 Terms of payment
Unless otherwise agreed, the payment is due 7 days after invoice receipt. Decisively for the term protection is the monetary entrance. The invoice amount is to be transferred without deduction to an account called on the calculation. A bar payment in the vehicle in Euro, or the payment by crossed check is also possible. Due to security reasons new customers have to send credit card details in advance before first service. Accepted cards are Visa, Master Card and American Express. The payment is valid from the time when 1st-class-limo can dispose of the invoice amount. In case of delayed payment of the contracting partner there will be calculated at the end of payment term the interest for current account- loan which are bank usual at that time. If the contracting partner does not follow to his bills of debt, or passes occasion which questions the creditworthiness, 1st-class-limo is entitled to put the whole guilt due or to request securities. If the creditworthiness is questioned 1st-class-limo can withdraw from all contracts.
§ 6 Cancellation
If the client withdraws from the contract or the commissioned achievements should not be taken up, independently of a not fault by the client, 1st-class-limo is entitled to charge adequately for the already grieved plannings and activities for the fulfillment of order. This expenditure compensation can be over simplified and will limit itself in favor of the principal, according to order kind and order extent to an adequate amount. A cancellation must occur in writing, the cancellation entrance is decisive. If the achievement is not taken up without written cancellation by the client, the full invoice amount is due to the payment.
In case of cancellation 1st-class-limo calculates the following rate of the agreed amount:
7-5 days before service: 0%
4-3 days before service: 20%
from 48 hoursÂ on before service: 35%
from 12 hoursÂ on before service: 50%
§ 7 Liability and duties of the client
The client has to behave during the journey in such a way that in particular his own security and of our chauffeur is not endangered. The vehicle is to be treated carefully and the technical instructions are to be followed with the use. The customer undertakes for reasons of the road safety to follow the instructions of the chauffeur. If there is no reaction on the instruction or it occurred a use not according to the contract with the provided vehicle, it is given the authorization to the immediate notice of the contract, without requiring a further communication. In this case 1st-class-limo is entitled to charge the service for the whole order. With not contract-appropriate contact by the vehicle there originates a claim to compensation. With not contract-appropriate handling with the vehicle there originates a claim to compensation. Any damages to the vehicle or other damages are to be indemnified by the client or from the principal. If client and principal are not identical, these stick as a joint debtor also if for the principal no fault is given. Should the vehicle be dirtied roughly or negligently, the cleaning is charged for this separately. It is at liberty for the principal to produce a proof that the really being damage is lower.
§ 8 Liability of the contractor
If it is impossible to adduce the contractual achievement or there is a duty injury of contractual view, compensation claims are excluded towards 1st-class-limo and against their fulfillment assistants. This is valid in this respect that no deliberate action or grossly negligent is given. In the liability case this is limited towards 1st-class-limo at most to the triple order amount. The automobile liability insurance covers personal damages up to maximum 8,000,000 Euros each injured person. For the case that possible compensation claims are considered because of non-fulfillment of contractual achievements these must be given at the latest up to the 3rd working day in writing after order ending with 1st-class-limo. No liability is assumed if the achievement is not be produced on account of higher power or special events, completely or even partially, also if orders were agreed with fixed appointments or terms. Under this is to be understood: Force majeure by weather terms, technical disturbances and breakdowns in the vehicle, legal regulations, or also strikes. The disclaimer of liability also applies if the aforementioned reasons appear at partner enterprise necessary to the order fulfillment. Under these circumstances 1st-class-limo is entitled to arrange the time for the performance of the achievement at the duration of the interference plus an adequate term, or to withdraw completely, or partially taking into account the not yet full part from the contract. A disclaimer of liability is also given if the duration of the transportation was crossed, however, this is based on the fact that even under use of the biggest care an excess and its results should not be avoided.
§ 9 Legal venue, legal choice and translation of the Terms and Conditions
It applies the right of the Federal Republic of Germany for all preceding business relations and legal relations between the contracting partner and the company 1st-class-limo. For all disputes devoted from the contract relation exclusively the legal venue is for the place of business of 1st-class-limo of responsible court. As far as the customer is a businessman, a legal entity of the public right or a juridical special property, the responsible court of the place of business of 1st-class-limo is agreed as a legal venue. 1st-class-limo is after own choice also entitled as a legal venue to choose for the responsible court of the contracting partner. These general terms and conditions are also available in German language. In case of any divergences of the English translation to the German text, the German version is valid.